May 25, 2023
Legal Considerations for Same-Sex Couples Pursuing Surrogacy or... 
If you intend to use assisted reproductive technology (ART) to have a child, the law offers robust protections to gamete donors, surrogates, and intended parents. You will need written agreements prepared by a knowledgeable attorney to take full advantage of the laws’ protections. Teri Robins is an Illinois-based assisted reproductive technology lawyer who can represent clients in multiple states. She can guide you through the legal aspects of expanding your family through ART and ensure your contracts and agreements are properly structured.
Parents who cannot carry a child may turn to a surrogate. In most cases, the surrogate receives an embryo through in vitro fertilization (IVF). Traditional surrogacy arrangements in which the surrogate is also the egg donor are not illegal, but are not legally protected. Some fertility doctors will not provide services to parties engaged in traditional surrogacy.
A gestational surrogate has no biological connection to the child she carries. These are the most common surrogacy arrangements and they are governed by the Illinois Gestational Surrogacy Act.
The law requires the surrogate to be at least 21, have previously given birth to at least one child, and have obtained medical and psychological clearance to be a surrogate. The intended parent(s) must demonstrate they meet the definition of “infertile” under the Illinois Insurance Code,and undergo a mental health evaluation. The intended parent(s) and the prospective surrogate in Illinois must each have representation by an ART attorney like Teri to discuss the terms of the surrogacy agreement.
The parties enter into the written surrogacy agreement before the commencement of any medical procedures other than evaluations to determine eligibility. The contract must be signed by all parties in front of two witnesses or a notary; and when the surrogate is married or has a partner, their spouse or partner must also be a party to the agreement.
Teri Robins also represents donors and intended parents in reproductive law matters to help her clients achieve their dreams of expanding their families. With a deep connection to the world of third party reproduction and assisted reproductive technologies, Teri provides compassionate legal advice and guidance that is tailored to the needs and belief systems of her clients and all parties involved.
Focusing this area of her practice on reviewing agreements, developing contracts, and guiding her clients through egg and embryo donation, and gestational surrogacy, Teri:
As an experienced business and employment contact law attorney Teri drafts, reviews, and negotiates contracts in all types of business and employment law matters. Our law firm can help protect your company’s rights and interests and minimize your liability.
In addition to new employment and general business contract matters, our law firm handles:
Employment lawyer Teri Robins helps workers understand and negotiate the terms of their employment agreements to ensure their rights are protected, and their opportunities are optimized. With a special focus on medical employment contracts, Teri offers a unique perspective in employment and practice-related matters for physicians at all stages of their careers.
If you are an employee or medical professional who is considering making a career change, accepting a promotion, or facing a contractual dispute with your employer, Teri Robins can help with:
Intended parents can establish parental rights over their child before it is born. No court proceeding is required, but the parent(s), the surrogate and her spouse or partner, the attorney for the intended parent(s), and the doctor who performed the embryo transfer must provide certifications to the hospital where the birth occurs and to the Illinois Division of Vital Records.
The certifications are signed and witnessed statements asserting that the party understands their rights and obligations under the surrogacy agreement, and that their surrogacy agreement complies with the applicable law. Attorney Robins can draft certifications that meet all the requirements of the Illinois Gestational Surrogacy Act (or any relevant law in the state where you live) and ensure they are properly and timely executed and submitted.
In some instances, the intended parents may wish to get a court order to ensure any and all jurisdictions in the U.S. and abroad will honor their parentage. Attorney Robins can also assist with this procedure, which typically does not require the parties to present themselves in court.
Some intended parents use a donor to provide the sperm or egg needed to create an embryo. Donor agreements protect all parties and establish expectations regarding multiple issues that can arise in ART. Egg donors typically receive compensation reflecting the time and physical toll of hormone treatments and the invasive egg extraction process. Sperm donation is non-invasive and requires little time, but sperm donors also may be compensated.
The donor agreement can limit the number of embryos that may be produced with the donation and establish how extra embryos will be handled. Attorney Robins will include provisions in any Illinois assisted reproduction agreement establishing that the donor has no parental rights or responsibilities toward a child born using ART, nor claims on the intended parents. The parties can also include other provisions, such as whether the child will be informed of the identity of the donor.
Illinois is a friendly state for gestational surrogacy, but all parties must work with an independent attorney to get the benefit of the law. Teri Robins is an experienced Illinois assisted reproductive technology lawyer who can provide excellent representation across multiple states, whether you are an intended parent, surrogate, or gamete donor. Schedule a meeting to discuss your legal needs concerning ART contracts.
